Elephant Insurance Company, et al. v. Christopher Holmes, et al.

The Court has held that a plaintiff can establish Article III standing through an intangible injury-infact where (1) that injury bears a close relationship to a harm traditionally recognized as providing a basis for a lawsuit in American courts and (2) that injury includes the elements “essential to liability” in a suit for that harm. The first question presented is whether it is “essential to liability” that the defendant—and not a third party—commit the act giving rise to the injury that bears the close relationship to the traditionally recognized harm.

The United States Courts of Appeals for the Fourth Circuit and for the Seventh Circuit have split over whether the publication of personal information that is neither embarrassing nor sensitive is sufficiently analogous to the common law harm of public disclosure of private facts to confer Article III standing. The second question presented is whether a plaintiff can establish Article III standing through analogy to public disclosure of private facts when the information is neither embarrassing nor sensitive.